Notice period increased from 1 -> 2 months in promotion letter

[iziz90]

So I had just received my promotion letter - but it came with a clause that my notice period would be revised from 1 to 2 months.

For all you Compliance/Legal professionals out there - do you know if this is enforceable? It seems like a unilateral decision outside of the employment contract. I'd be hard-pressed to speak out and risk my goodwill/promotion/pay raise.

Thanks in advance for all of your responses/thoughts.

[brian_singapore]

What does your employment contract and employee handbook say for notice periods?

It's quite common for notice periods to be tied to job grade; the more senior you are the bigger the impact so the longer the notice period (but also more likely they put you on gardening leave ...).

[iziz90]

There's no mention of notice period in the Company's Staff Manual or Code of Conduct.

My employment contract does have a clause for notice period (1 month) and gardening leave (6 months for direct competitors).

I'm aware they have new hires on a 2-month notice period as well to combat turnover issues... I presume they're playing catch-up with me

Something tells me, legally enforceable or not, it would be hard to convince my employer to let me go after a month when the time comes. Balance of power...

[The Ref]

I had a previous company unilaterally change the Notice Period and when I was on the way out I asked them to show me where I counter signed. BUT ... yours is a different case.
I am not a lawyer, but I would expect if you accepted one half of the offer (the promotion and I assume a raise) then you also accepted the other portion.

You could ask them to keep it to 1 month however I feel your only option to keep it at one month is to refuse the promotion.

[iziz90]

Thanks, i gathered as much - I'm just wondering if my acceptance of the raise would legally bind me to the new 2 month notice period.

[PNGMK]

Thanks, i gathered as much - I'm just wondering if my acceptance of the raise would legally bind me to the new 2 month notice period.

I wouldn't sweat it. If things come to shove these things are often negotiable, esp if you're not going to a competitor. Anyways it's probably some shitty boilerplate a half decent lawyer can overturn with a single letter.

[iziz90]

Thanks, appreciate the quick reply and the second opinion.

[Strong Eagle]

Are you unhappy where you are working? Are you planning on leaving on less than friendly terms? Or are you happy with your job, not planning on going anywhere?

If it's the latter, I wouldn't sweat it... when the time comes, you'll have worked out the details.

[PNGMK]

Future employers may view the extended notice as an indication of your value. Where I work we have 3 months notice - recently a fairly smart young guy was poached by a consultant company (McK). They literally paid out his notice period to get him in quick. (They told him to ask HR how much the check needed to be and passed it to him once he told them so he could walk out same day he resigned).